Rethinking Legal Education from Aristotle’s Theory of Emotions and the Contemporary Challenges of the Practical Realization of Law

In Nuno M. M. S. Coelho & Liesbeth Huppes-Cluysenaer (eds.), Aristotle on Emotions in Law and Politics. Cham: Springer Verlag (2018)
  Copy   BIBTEX

Abstract

The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s theory of emotions as elaborated in Rhetoric and Nicomachean Ethics, Aristotle’s view on the close relationship between reason, emotions and phronesis as elaborated in the Nicomachean Ethics, and a specific contemporary view: Jurisprudentialism. We assert that through a Jurisprudentialist analysis of Law as an open task and through Aristotle’s account of emotions, the challenges of legal education could be more realistically reassessed.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,532

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Reason versus Emotion: Redressing the Balance.Esther Mcintosh - 2001 - Practical Philosophy 4 (2):28-32.
Emptiness and the Education of the Emotions.Jeffrey Morgan - 2015 - Educational Philosophy and Theory 47 (3):291-304.
Aristotle's Doctrine of the Mean.J. O. Urmson - 1973 - American Philosophical Quarterly 10 (3):223 - 230.
Practical Hermeneutics: the Legal Text and Beyond.George H. Taylor - 2017 - Journal of the British Society for Phenomenology 48 (3):257-274.
Aristotle's Functional Theory of the Emotions.Angela Chew - 2009 - Organon F: Medzinárodný Časopis Pre Analytickú Filozofiu 16 (1):5-37.

Analytics

Added to PP
2019-01-28

Downloads
8 (#1,309,160)

6 months
3 (#968,143)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references